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(영문) 서울중앙지방법원 2012.08.24 2011가합96944
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the real estate listed in the separate sheet;

(b) 17,277.

Reasons

1. Facts of recognition;

A. On October 23, 2010, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant store”) to the Defendant as the leased deposit amounting to KRW 100 million, KRW 11 million per month, KRW 1650,000 per month, management expenses (including value-added tax), and KRW 1650,000 per month, from October 23, 2010 to October 22, 2012 (hereinafter “instant lease”). Around that time, the Plaintiff received the lease deposit amount of KRW 100,000 from the Defendant and handed over the instant store.

The part relating to the instant lease agreement is as follows.

1) If the lessee fails to pay monthly rent and management expenses to the lessor by no later than the 25th day of the current month, the lessee shall pay the monthly rent and the amount of the management expenses in arrears plus an administrative fine equivalent to the interest rate on the general loan of the financial institution in arrears. 2) Rent and management expenses shall be calculated from November 10, 201, respectively.

3) If a fixed parking is not carried out of the lessee’s property or property due to the lessee’s circumstances, or is not ordered by restoring the leased property to the original state, the lessee shall pay to the lessor an amount equivalent to twice the ordinary rent from the date this contract is terminated until the date when it is actually ordered or restored.

5) The interior interior interior interior interior of the instant store (the dunes floor and the interior) is not responsible to the lessor for the use of the dunes.

The Defendant operated a ditch for the display of paintings, clothing, and bedclothes at the instant store, but did not continue to pay the rent and management expenses after January 10, 201. On March 12, 2011 and May 11, 2011, the Plaintiff notified the Defendant of his intention to terminate the instant lease agreement on the ground of two-time arrears, such as each rent, etc.

C. After that, the Defendant continued to possess and use the instant store, the Plaintiff was set aside at the entrance door of the instant store on September 10, 201.

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